All you need to know about obtaining a Blood Search Warrant in the USA
Many people are unaware of the Fourth Amendment right that extends to chemical testing. These facts about obtaining a blood search warrant can help you act accordingly.
Questions about obtaining a blood search warrant in the USA
· What is a blood search warrant?
A blood search warrant enables seizing blood samples from an individual based on suspicion of unlawful substance abuse, drunk driving, and other illegally-related activities.
Who is authorized to issue the blood search warrant?
Any magistrate, State or Superior court judge can issue a blood search warrant.
, an affiant or an officer must produce a written affidavit stating facts amounting to possible cause that a specific person committed a particular crime and convincing how blood samples will provide evidence regarding the same.
When is a blood search warrant required to collect blood samples?
o A peace officer shall take a blood sample when charged for a motor or watercraft crime.
o When the officer is susspecious of the suspect drug or alchohole use that an accident might cause severe injury or even death, a person in an accident suffered bodily injury and was transferred to a hospital for treatment
o When a suspect is arrested for driving while intoxicated..
o If the suspect declines to give specimens mentioned by the officer voluntarily.
Who is authorized to draw blood?
A general physician, pharmacist, phlebotomists, or registered nurse